VideoSigning loan documents electronicallyConsideration of current electronic execution laws and our recommendation for a safe execution of loan packages.AustraliaFinance and BankingBennett & Philp Lawyers
ArticleHallucinating AI may dilute trade mark valueThe concept of dilution in a strict sense is arguably not recognised under Australian trade mark law. AustraliaIntellectual PropertyBennett & Philp Lawyers
ArticleFranchising 101: Why Disclosure mattersA disclosure document must contain information needed to make an informed decision about whether to join a franchise.AustraliaCorporate/Commercial LawBennett & Philp Lawyers
ArticleSigning A Deed Of Guarantee And Indemnity? Why Independent Legal Advice Matters Before SettlementThis article explains the concepts of guarantee and indemnity to help you understand the risks and responsibilities involved.AustraliaReal Estate and ConstructionBennett & Philp Lawyers
ArticleWhen Insurance Brokers Play With Fire…and Pay For It (Disputes With Insurance Brokers)Engaging an insurance broker helps remove the complexity and complications associated with taking out insurance.AustraliaInsuranceBennett & Philp Lawyers
ArticleSigning electronically explained - the new eraUpdate on the current position regarding signing electronically.AustraliaCorporate/Commercial LawBennett & Philp Lawyers
ArticleUnderstanding Recovery Orders and how to get your child backThe party seeking the return of a child from an unpermitted child abduction can apply to the court for a Recovery Order.AustraliaFamily and MatrimonialBennett & Philp Lawyers
ArticleThe pitfalls of not administering a Discretionary Trust properlyRecent case highlights that issues that can arise if you do not properly administer a Discretionary Trust.AustraliaFamily and MatrimonialBennett & Philp Lawyers
ArticleLRBAs Are Not Dead: What Are Some Options To Use LRBAs Moving Forward?Recent legislative changes have restricted how self-managed superannuation funds can use limited recourse borrowing arrangements, particularly for residential property acquisitions. Business owners and primary producers may still leverage these arrangements to acquire commercial premises and farming land through their SMSFs. Understanding the new definition of business real property and available investment options is crucial for SMSF trustees navigating these regulatory changes. AustraliaWealth ManagementBennett & Philp Lawyers
ArticleSubstituted service via NFTs: Coming soon to Australia?These cases may assist Australian courts in the possibility of substituted service over the blockchain by way of NFTs.AustraliaLitigation, Mediation & ArbitrationBennett & Philp Lawyers
ArticleFive Legal Issues That Can Reduce The Value Of Your Manufacturing BusinessWhether you manufacture bespoke products, operate high-volume production lines, supply major retailers or produce specialist components for other manufacturers, when preparing a manufacturing business for sale, most owners focus on increasing profitability, improving production and growing revenue.AustraliaCorporate/Commercial LawBennett & Philp Lawyers
ArticleTalking to your children about separation and divorceDivorce is not a simple subject to discuss with children, and they rely on knowing they are safe, loved and cared for.AustraliaFamily and MatrimonialBennett & Philp Lawyers
ArticleWhat A Deed Of Priority Really Protects When A Development CollapsesA Queensland Supreme Court case demonstrates how a poorly drafted deed of priority left a lender unable to recover $32.3 million in development completion costs ahead of a junior lender's debt. The decision reveals critical gaps in standard priority deed language when a developer collapses and a mortgagee must fund completion from their own resources. AustraliaFinance and BankingBennett & Philp Lawyers
ArticleSome Symptoms Treated but No Cure – Questions Left Unanswered by Blooms v Pharmacy Council of NSWThis article discusses the facts of the Blooms case and explains the consequences of the Court's decision for pharmacy owners.AustraliaFood, Drugs, Healthcare, Life SciencesBennett & Philp Lawyers
ArticleLast word on BOTOX by the High CourtHC unequivocally answers some long contested & held so-called "principles" of trade mark law.AustraliaIntellectual PropertyBennett & Philp Lawyers
ArticleWill-making during a pandemic – a dilemma for estate lawyers & the willmaker.A significant feature of this new, temporary regulation is that it permits the witnessing of will by audio-visual link.AustraliaFamily and MatrimonialBennett & Philp Lawyers
ArticleMore firsts for registered designs in AustraliaThe court had the power to overturn or vary a costs award made by a delegate of the Registrar of Designs.AustraliaIntellectual PropertyBennett & Philp Lawyers
ArticleHas Defamation Law Gone To The Dogs? (A Brief Summary Of Australian Defamation Cases Relating To Dogs)These cases demonstrate how social media and media reporting can escalate what are essentially private disputes.AustraliaLitigation, Mediation & ArbitrationBennett & Philp Lawyers
ArticleChanges to Unfair Contract Terms laws - What private lenders need to knowHow new laws regarding unfair contract terms affect private mortgage funds & how to ensure compliance.AustraliaCorporate/Commercial LawBennett & Philp Lawyers
ArticleDusting Off The Old Trust Deed: Why Default Beneficiary Clauses Suddenly Matter In QueenslandThe Federal Government’s proposed changes to the taxation of discretionary trusts may create one of the most significant small business restructuring opportunities seen in years. Assuming, of course, the legislation survives the usual process of political compromise and lobbying.AustraliaCorporate/Commercial LawBennett & Philp Lawyers